In a significant ruling, the Gauteng High Court (Johannesburg) granted relief to Carol Behane, who had faced a R237 000 claim for repairs and storage costs to recover her Hyundai TQ H1.

Acting Judge LM du Plessis ordered ATE Automotive Repairs and Abandoned Vehicle and Truck Solutions to return the vehicle within 10 days, free of storage charges, or the sheriff would repossess it on her behalf.

A report in Moneyweb notes that Behane purchased the vehicle in December 2021, but it broke down repeatedly.

After various repair attempts by multiple workshops, she took it to ATE in October 2022, where she was told only a loose wire required fixing.

By November, the car failed again.

Disputes ensued between Behane, ATE, and Trafficc (Pty) Ltd over responsibility for repairs.

In January 2023, ATE initially agreed to fix the vehicle but later refused, blaming oil contamination of the turbo.

Behane turned to the Motor Industry Ombudsman and later the National Consumer Commission without success.

In June 2023, ATE quoted R17 261 for repairs, warning the car would be sent to storage.

Despite Behane’s attempt to collect it, ATE transferred the vehicle to Abandoned Vehicle and Truck Solutions, which later demanded escalating storage fees.

Judge du Plessis dismissed their defence, ruling the invoices and a July 2023 cession agreement were ‘afterthoughts’ with no legal basis.

She emphasised that storage costs cannot be claimed where no value is added.

Costs were awarded against the respondents, vindicating Behane after a protracted ordeal.

Full Moneyweb report